Courts have historically denied inverse condemnation claims by property owners against water suppliers where the quality of water or chemicals used allegedly caused corrosion or damage to water pipes. However, under a recent...more
2/19/2026
/ Appellate Courts ,
California ,
Class Action ,
Infrastructure ,
Inverse Condemnation ,
Municipalities ,
Negligence ,
Property Owners ,
Public Utility ,
Takings Clause ,
Utilities Sector ,
Water Supplies
When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim? According to a recent California court decision, the answer is no – governmental...more
2/10/2026
/ California ,
CEQA ,
City of Los Angeles ,
Inverse Condemnation ,
Land-Use Permits ,
Private Property ,
Property Owners ,
Property Valuation ,
Real Estate Development ,
Regulatory Takings ,
State and Local Government ,
Takings Clause ,
Urban Planning & Development ,
Zoning Laws
The California Public Utilities Commission (Commission) recently issued its Senate Bill 254 Information and Recommendations (Report) in response to Executive Order N-34-25 and the recent Senate Bill 254 (Becker, 2025) (SB...more
2/6/2026
/ California ,
Climate Change ,
Executive Orders ,
Insurance Industry ,
Insurance Regulations ,
Inverse Condemnation ,
Liability ,
New Legislation ,
Property Insurance ,
Public Utilities Commission ,
Regulatory Reform ,
Risk Management ,
Utilities Sector ,
Wildfires
This seems like common sense, but a public agency cannot pursue an inverse condemnation cause of action for damages suffered from its own public improvements. Yet that is exactly what the County of Santa Cruz recently...more
We recently detailed Senate Bill 254, which overhauls California’s approach to wildfires. In addition to promoting new transmission facilities, replenishing the wildfire fund, streamlining the siting process and exempting...more
During the past several years, California legislators have been pushing through new legislation to increase potential housing opportunities in California. In October, Governor Newsom signed California Senate Bill 79 (SB 79),...more
Public infrastructure projects typically take years of planning. And sound government forecasting necessitates identifying future roads or extensions on general plan documents. If a property owner decides to purchase property...more
In the wake of the January 2025 wildfires that devastated Southern California, the State adopted Senate Bill 254 (2025, Becker) aimed primarily at expanding the existing Wildfire Fund meant to facilitate payments for eligible...more
In the wake of devastating 2025 wildfires, Senate Bill 254 stands poised to reshape California's wildfire prevention, mitigation and funding strategies. From a groundbreaking $18 billion infusion into the state’s Wildfire...more
Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more
Acquiring property for public projects typically does not occur until after the project has received environmental approval. In California, complying with the California Environmental Quality Act (CEQA) can sometimes take...more
Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives...more
5/20/2025
/ California ,
Clean Water Act ,
Climate Change ,
Construction Contracts ,
Environmental Policies ,
Infrastructure ,
Regulatory Requirements ,
Tariffs ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property? This one is pretty simple: the answer is no....more
We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more
In California, the primary governing structure for condemnation suits is set forth within Title 7 of the California Code of Civil Procedure (CCP 1230.010, et. seq.), otherwise known as the Eminent Domain Act, which was...more
Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th.
These complimentary...more
4/1/2025
/ Appraisers ,
Best Practices ,
Cross Examination ,
Depositions ,
Diminution in Value ,
Direct Examination ,
Eminent Domain ,
Events ,
Expert Witness ,
Property Owners ,
Property Valuation ,
Relocation ,
Right of Way
Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th.
These complimentary...more
4/1/2025
/ Appraisers ,
Best Practices ,
Cross Examination ,
Depositions ,
Diminution in Value ,
Direct Examination ,
Eminent Domain ,
Events ,
Expert Witness ,
Property Owners ,
Property Valuation ,
Relocation ,
Right of Way
When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability? For quite some time, inverse condemnation liability appeared to be...more
2/25/2025
/ California ,
Environmental Policies ,
Government Entities ,
Inverse Condemnation ,
Liability ,
Private Property ,
Property Damage ,
Property Owners ,
Public Utility ,
Utilities Sector ,
Water
Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more
Appraising a property being acquired through eminent domain involves a number of unique valuation rules, including highest and best use, larger parcel, date of value, and unique evidentiary restrictions on comparable sales...more
When a public agency acquires property for a public project, property owners have a constitutional right to receive just compensation. But what about the businesses that operate on the property – are they entitled to...more
We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval. These can range from...more
When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more
Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more
Water Agencies Beware Before Proceeding with Forced Municipalization -
California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
5/24/2024
/ California ,
Condemnation ,
Construction Contracts ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Municipalities ,
New Regulations ,
PFAS ,
Public Contracts ,
Public Entities ,
State Water Boards ,
Storm Water ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies